AAHomecare to CMS: Don't Adopt Proposed Standards, Do Mandate Inspections

ARLINGTON, Va.--Calling them “overly prescriptive,” the American Association for Homecare last week urged CMS not to adopt its proposed supplier standards for Medicare DMEPOS enrollment and instead institute tough onsite inspections for new suppliers.

“We support efforts to eliminate fraud from the DMEPOS benefit, but we oppose adopting overly prescriptive standards that have proven to be only modest deterrents to criminals yet create operational inefficiencies for suppliers and can result in less access for beneficiaries,” AAHomecare said in a 16-page letter addressed to Kerry Weems, CMS' acting administrator. “Instead, CMS should ensure that all new suppliers undergo a rigorous onsite inspection and are accredited before receiving a Medicare billing number. We also encourage CMS to hold its contractors accountable.”

Should CMS adopt any of the standards, however, AAHomecare called on the agency to delay their implementation for one year.

“Many of the changes CMS is proposing are significant, and suppliers will need adequate time to organize their businesses to comply,” said the letter, signed by Tyler Wilson, AAHomecare president. “We strongly recommend a transition period of at least one year to allow suppliers adequate time to come into compliance with the new requirements.”

The comments were in response to CMS' Jan. 25 proposal that would revise and expand the existing supplier standards and add a handful of new requirements. In its announcement, CMS said concern over “easy entry into the Medicare program for qualified or even fraudulent providers or suppliers has led us to increase our efforts to establish more stringent controls on provider and supplier entry.”

Since the proposed standards were revealed, industry stakeholders have called them oppressive and detrimental to HME businesses and beneficiaries.

In its argument against the proposal, AAHomecare took issue with, among other things, CMS' intent to prohibit subcontracting.

“This requirement will no doubt limit the ability of some suppliers to participate in competitive bidding,” the organization said. “This is especially true with respect to the oxygen product category, inasmuch as many suppliers currently outsource the furnishing of some oxygen modalities and oxygen equipment.”

AAHomecare also challenged CMS' plan to prohibit unsolicited telephone contact with beneficiaries.